[Benjamin Ferencz lecture] Effective defence in International crimes trials: Ukraine, International practice and EU accession

Date: 22 April 2026 | Venue: T.M.C. Asser Institute, The Hague | Time: 16.30 

Register

The ongoing prosecution of conflict-related crimes in Ukraine presents significant legal and institutional challenges for the criminal justice system. Much of the institutional attention to date has understandably focused on investigation and prosecution. As proceedings continue to expand in scale and complexity, however, ensuring the effective exercise of defence rights remains essential to safeguarding fair trial guarantees and the credibility of these processes. 

This Benjamin Ferencz Lecture will explore the practical realities of defence practice in Ukrainian war crimes trials, drawing on reflections from practitioners involved in these proceedings. Their experiences highlight the legal, professional, and institutional challenges that can arise when defending cases in highly visible and politically sensitive contexts. 

The discussion will place these experiences in a comparative perspective, reflecting on lessons from defence practitioners operating in other international and conflict-affected justice systems. Across jurisdictions, defence lawyers working on international crimes cases have often faced similar practical and structural challenges, including public scrutiny, professional pressure, and limited institutional support. 

These reflections are particularly relevant in the context of Ukraine’s ongoing rule-of-law reforms and EU accession process, where strengthening the institutional framework for effective defence representation forms an important element of building a credible and resilient justice system. 

The lecture will conclude with an audience discussion followed by a networking reception. 

Speakers: 

• Marie O’Leary (Counsel before the ICC, President of the ADC-ICT);
• Michiel Pestman, (Criminal Lawyer at Prakken d'Oliveira);
• Yuliia Shuliak (Ukrainian defence lawyer, PhD).

Moderator:

Victoria Kerr, Consultant to the T.M.C. Asser Institute on projects Restoring Dignity and Justice in Ukraine 2025-2027 and MATRA-Ukraine 2025-2029  

[Project] Restoring Dignity and Justice in Ukraine: Phase II

This project is part of the ‘Restoring Dignity and Justice in Ukraine' programme, focusing on advancing accountability for international crimes committed in Ukraine. The full programme is funded by the Dutch Ministry of Foreign Affairs and is implemented by the International Development Law Organisation (IDLO), in partnership with the T.M.C. Asser Institute, the Center for International Legal Cooperation (CILC), and the Netherlands Helsinki Committee (NHC). The project aims at institutional strengthening and capacity development needs of various parties in Ukraine dealing with international crimes: prosecutors, police, judges, as well as journalists and civil society organisations. We believe that with the support of the international community, Ukraine can advance accountability for these crimes.